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HomeMy WebLinkAboutORD 1973-021 ORDINANCE NO. 73-21 AN ORDINANCE AMENDING ORDINANCE NO. '70-10, A �` x Z4NING ORDINANCE UF THE CITY UF GRAFEVINE, TEXAS� � GRANTTNG A ZONING CHANGE QN A TRACT QF LAND IN THE ALE,X THOMPSON SURVEY, ABS2RACT Nt�. 1,532, AND fiHE C.B. McDC}NALD SURVEY, ABSTRACT NU. 1�13, AND THE P.R. SPLANE SURVEY� ABSTRACT NO. 1453, IN fiHE CITY OF GRA.PEVINE, TEXAS, AND M�RE FULLY DESCRIBED HEREIN; ORDERINC A CHANGE IN 2HE USE QF SAID PROPERTY FRQM "R-1" T{7 "C-�'t CONIMUNITY BUSINESS DISTRICT; CORRECTTNG THE OFFICIAL ZC3NING MAP; PRESER�TING ALL {�fiHER P4RTIpNS OF THE ZONZNG ORDINANCE; PROVZDING A SEVERABILITY CLAUSE; DETERMTNING THAT THE PUBLTC INTEREST, MOR�LS ,�. � ANU GENER�IL G+JELFARE DENtAND A ZONING CH[ANGE AND A�MEND- �.� N[E,NT HEREIN MADE; AND PR4VII?ING A PENALTY; AND DECLARING AN EMERGENGY. ,�"..:�, � WHEREAS, applications were made to a.mend the Official Zoning Map, City of Grapevine, Texas , by making applications for same with the Planning and Zoning � Commission of the City of Grapevine , Texas , as required by state statutes and the zoning ordinances of the City of Grapevine, Texas, and all the legal requirements, conditions and pre-requisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas , after all legal notices, require- ments, conditions and pre-requisites having been complied with; and, WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrains using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages , noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street loading spaces, and protection _ of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the over-crowding of the land, the effect on the concen- tration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities ; and, WHERE�AS, the City Council of the City of Grapevine, Texas , at a public hearing called by the City Council of the City of Grapevine, Texas , did consider the following factors in making a determination as to whether this requested change should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the over-crowding of the land, the effect on the concentration on population, the effect on the transportation ; water, sewerage, schools, parks and other public facilities; and, WHEREAS� the City Council further considered among other things the character af the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and, � � � .:a._ _ ,, :;� �..�,��>,�r� : : . . .. �_�. _ . ��:.., . ,�;.� �,�.���:.�.���•r�,r�� WHER.E,AS, the City Council of the City of Grapevine, fiexas, daes find that there is a public necessity for the zoning change, that the public demands it, that the publi.c interest cleaxly xequires the amend- ment, that the zoaning char�ges do not unreasanably invade the rights of thase wha bought ox impraved propexty with reference to the classification whick� existed at, the time their original investment was made; and, WHEREAS, the City Council af the City of Gxapevine, Texas , does find that the change in xoning �, lessex�s the congestion in the streets, helps secure safety from fire, panic and athex dangez� ; pxomotes health and the genera2 welfare; prova.des adequate Iight and air; prevents the over-carowding o.f land; avoids undue c4ncentration af population ; facilitates the adequa.te pxova.sions af transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council af the City of Grapevine, Texas , has determined that there is a necessi.ty and need for this change in zoning ar�d has also found and determin ed that there has been a change in the conditions of the property surrounding and in close pxoximity to the property requested for a change since this property was originally classi�'ied and thexefore feels that a change in zaning clK�.ssification fox the particular piece af praperty is rxeeded, is called for, and is in the best interest of the public at 3arge, the citizens of the C�.ty of Grapevine, Texas, and helps promote the gene�'al health, safety and welfare of this t communitY; ` N4W, THEREFORE, • � �` SECTION 2. The Gity M�nager is hereby directed ta carrect the official zoning map of the eity o� Grapevine, Texas, ta reflect the herein change in zoning. SECTION 3. That in aIl other respects the use af the tract or tracts af land herein above described shall be subject ta all the applicable regulations cantained in said City af Grapevine aonir�g ordinance and all other applicable and pertinent ordinances of the City af Grapevine, Texas. SECTI4N 4. That the zaning regulations and districts as herein established haue been made in ac�ordance with the comprehensive plarit far the purpase of promotzng health, safety, morals and the general welfare of tne community. They have been designed, with xespect to both present conditians and the canditinns reasanably anticipated to exist i� the fareseeable future, to lessen congestion in the streets, to secure s�fety from fire, panic, flo�d and other dangers; provide adequate light and air; to prevent over-crowding of land, ta avaid undue concentration of population; facilitate the adequate provisians of trans- portation, water, sewexage, drainage and surface water, parks and other public requirements, and to make adequate pxovisions fox the n�rmal business, cammercial needs and development af the community. They have been made with reasonable consideration, amon� other things of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraying the most appropriate use of land throughaut the community. SECTIQN 5. 2his ordinance shall be cumulative of all other ordinances of the City of Grapevine, 2exas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instan�es where provisions of those ordinances which are in direct conflict with the pxovisions of this oxdinance, SECTZON 6. That the terms and provisions of this oxdinance shail be deemed to be severable and that if the validity of the zo�ing af:fecting any portion of the tract or tracts af land described hereiri shall be declared to be invalid, the same shall nat affect the validity of the zoning of the balance of the tract ar tracts of land described herein. SECTZaN �. 2hat any persan, firm �r carporation v�aZating any of the terms and provisions af this ordinance shall be subject to the same pe�alties provided far in Ordinance No. ?a-14, Zoning Ordinance of the City of Grapevine, Texa�, SECTZ�N 8. The fact that the present zoning ordinance and regu3atians af the City af Grapevine, Texas , are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants af the City of Grapevine, Texas, creates an emergency ' for the immediate preservation af the public business, pxoperty, health, safe�y and general welfare of the public which requires that this ordinance shall become effective from and after the date of its �inal passage, as pxovided by the Charter af the City of Grapevine, Texas, and it accordi�gly so oxdained. � "� - ,,, __ . �;:,�..�,�� PASSED AND APPROVED BY THE CITY COUNCZL OF THE CITY OF GRAPEVINE, TEXAS, ON SECOND AND FINAL READING, this th� 15th day of May , 1973. � � , ���,._� ���:�- MAYOR ATTE�T; _. • , ..� . . -'.__.� �� ���;�, ,:i �, ` ,;.._, CITY SECR�TARY l ��'�„ � APPROVED AS TO FORM AATD LEGALITY: � � ..�- CTTY ATTORNEY � irrw�++